There is a conference call with Judge Mehta today discussing the issue of expired and expiring DV2020 visas. If you want to listen in you can do so – dial the court’s toll-free public access line: (877) 848-7030, access code 321-8747
I will add some notes as I hear things here. The meeting starts at 2:30 East coast time.
Judge Mehta has joined the call.
Charles Kuck speaking: Explains the background that DV2020 cases that have visas in hand and whose time is expired/expiring. CK says these people (over 6000) will have their visas expiring soon and refers to the list of approx 2700 people who filled out the recently published form collecting information.
CK explains that GOV have said they will NOT renew/re-issue the visas, and says that is contrary to the intention of the order.
CK asks for –
1. A report of how many visas were issued/reissued and their expiration dates. This would show the scale/scope of the problem (how many affected).
2. A plan about how they will re-issue these visas
3. How the 9095 visas will be determined and issued.
CK asks for clarifications about whether people should pay fees again and so on.
Judge asking what are you looking for?
CK says they will renew the Aker request for class certification to cover all of the 6000.
Judge asks whether the law allows for reissuances after the end of the fiscal year.
CK points out that the POLICY to not reissue after the end of the year is not based on a law that blocks the issuance of visas after the end of the year.
Judge asking the GOV lawyers for their position.
GOV say the Aker plaintiffs waited too long for the class certification covering the DV2020 issued visas class. “Not timely”.
Judge Mehta asks how will this case look after the next couple of days (under Biden). He is asking whether the proclamations will be rescinded. He also is asking how the GOV will change their position after Biden is president. Judge Mehta (JM) is saying he thinks the position could different, and therefore the request is premature.
Rafael Urena makes the point that an order that preserves the validity of the visas would be worthwhile, but JM is concerned that he may not have the legal authority to do that. JM states he will not modify or create an order today.
CK speaking saying he would agree to hold off until new AG (Attorney General) is in place which may not be within a week.
JM asking GOV lawyer if they have an idea of how the position will change – GOV responds they have no specifics about changes planned or coming.
JM asks to set another status hearing for about 1 week from now. CK agrees.
JM suggests January 29th, 1pm EST for a further hearing.
Plaintiffs asking for report to be provided prior to the status hearing. JM reluctant to order the report should be ready for the next hearing.
York (GOV) says they are happy to cooperate as much as possible but points out it could take time for the new administration to get organized.
Judge closes the status hearing.
In addition I spoke on a livestream this morning about the various bans – if you would like to hear that – please take a look below.
August 3, 2021 at 01:29
Hey Brit,
Recently you advised me to ‘sort it out’ as I’ve been given a 2020 visa but I need to travel to the U.S to have it activated. It literally is impossible to leave Australia to to do this before August 24th expiry. I’ve tried everything to achieve this, forums, travel agents etc Are the Gomez team still working to extend this expiration with Judge Mehta? Any updates? Because they simply are not letting me leave the country. Please help.
August 4, 2021 at 04:52
The date won’t be extended. Others have obtained a clearance to leave. If you can’t do that, you will lose your opportunity. I gave you a link where I had seen others discussion how they obtained the clearance. I suggest you get on that immediately – you are about to lose your GC opportunity.
January 27, 2021 at 10:04
Dear Brit, I am now at my home country to process for my wife and kid expecting the 9095 visas will be allowed. I am to return to USA by end of March as it will be more than six months. I want to know if it is possible to process for my wife and kid before the end of March.
January 27, 2021 at 15:21
Very unlikely to be ready by then.
January 28, 2021 at 08:18
Can I be more than six months out of USA to process for wife and kid?
January 28, 2021 at 23:24
Explain more clearly.
January 29, 2021 at 05:41
I already got my green card (permanent residence). I left USA on October 6, 2020 to process for my wife and kid. Is that possible to stay out of USA for longer than 6 months?
January 29, 2021 at 07:12
Yes – 12 months is OK.
January 26, 2021 at 18:14
Hi Brit I hope you are well.!! I am Dv2020 SA from Chile… I am group 5, I sent everything to kcc but they never wanted to review the documents .. would it be necessary to resend them? What do you think about it?
January 27, 2021 at 06:13
I can’t be sure. Obviously if you have to send the documents again that will be a disadvantage to you since the visas reserved will quickly be allocated. But we really don’t know what will happen.
January 25, 2021 at 05:16
Tnxs 4 ur apdate
January 20, 2021 at 10:39
Thanks very much sir
January 20, 2021 at 06:56
I believe bans will be lifted and DV 2020 and 2021 winners will have opportunities to process their visa and in the rare case it doesn’t happen, then I feel their will be a larger intake for 2022 and more chances of winning the lottery.
January 20, 2021 at 04:56
Do you assume that 2021 cases will soon be in the same position and looking for extensions just like 2020 cases, and does the COVID pandemic represent some sort of vis major (+ bans of course ) that could bring 2021’s to extension of the process for this particular year. ?
September 30 as a deadline might be questioned for this year because it’s a crazy year, and none of these circumstances are on the selectees side, so why “punish us” ?….talking from EU385 CN perspective. Thanx ?
January 20, 2021 at 15:18
No one is trying to “punish” anyone. As for what will happen later this year, I really don’t know – but yes it is obvious that there will be impacts.
January 25, 2021 at 09:51
Dv2020 are the ones who were hit hard because they were all taken off guard and Trump took a jab at the dv program every chance he got…DV2021 applied knowing there were bans being implemented and a pandemic so harsh. I don’t think this year IS AS crazy as 2020, why can’t people see this?
January 20, 2021 at 04:47
what happen to DV 2020 visa which are expiring on march 2021 ?
January 20, 2021 at 15:13
THe lawyers are trying to get that clarified right now as described above.
January 19, 2021 at 21:10
Hi Brit, I would appreciate your take on that hearing – do you see any positive signs that Mehta would order them to extend/re-issue the visas if necessary?
January 19, 2021 at 22:23
I don’t think there was any hint one way or another.
January 19, 2021 at 20:50
This judge Mehta is really boring sometimes. How long will it take him to issue a final verdict on all these court cases. Half a yr now and it keeps dragging on. This cld’ve been long done in africa ?
January 19, 2021 at 23:16
Sheesh.
January 19, 2021 at 19:58
Thanks so much brit for this update….be blessed always
January 19, 2021 at 19:56
Thank Brit for the update, we hope the judge Mehta will do something to help the people with issues visa to enter to avoid an other harm for Medical money’s and visa expenses.
January 19, 2021 at 19:43
one Of Biden’s team tweeted as having no intentions of lifting the shengen ban on the 26th of January. If this were to be true, than most likely the PP10014 will remain in place. Our only hope is reissuance of Visas.
January 19, 2021 at 20:16
You are incorrect in your assumption.
https://youtu.be/VxHccjCDW_o
January 19, 2021 at 23:02
I hope so
January 19, 2021 at 19:42
Thank you, Simon! I’m following your post in real time.